The Times
London, Middlesex, England
Aug 4, 1826

IRISH ASSIZES
GALWAY, JULY 29
CROWN COURT.

     Thos. Dillon Lambert, and John Wm. Browne, Esqrs., the Hon. Denis Arthur Bingham, Patrick O'Connor, Roderick O'Connor, David Wilson and John Blake, Esqrs. were put to the bar, charged with the wilful murder of Jeremiah Sullivan.
     The indictment, upon which a true bill had been found on the preceding day, charged that Thomas Dillon Lambert did, on the 28th day of June, in the 7th year of his present Majesty's reign, wilfully and maliciously discharge a pistol loaded with a leaden ball at the person of Jeremiah Sullivan, thereby inflicting upon him a mortal wound, of which he languished and died; and that the said Denis Arthur Bingham, and the several other prisoners arraigned, were then and there aiding and assisting the said Thomas Dillon Lambert. The prisoners pleaded "not guilty."
     A considerable time was occupied before the jury was sworn and the panel, of which only 40 answered to their names, was called over on fines of 50l.
     Eleven challenges were made on the part of the Crown, and seventeen on behalf of the prisoners. The jury having been sworn-
     Mr. NORTH stated the case briefly on the part of the prosecution, and detailed with great clearness the facts connected with it.
     The first witness examined was Francis O'Shaughnessy, and apothecary. Lives in Merrick-square, next door but one to Kilroy's hotel; remembers the 28th day of June last; was standing at his own door on the evening of that day; knows the prisoners at the bar; identifies them; saw the prisoners with several others, on the evening in question; saw them running out of Kilroy's hotel; they were all armed; Mr. Browne had a case of pistols; Mr. Lambert had another case; Mr. R O'Connor one pistol, Mr. Wilson a sword which was in the scabbard at the time he left the hotel; cannot recollect whether Mr. Bingham was armed or not; other persons, besides those already named, accompanied the prisoners but they were not armed; did not see Mr. Blake, one of the prisoners, with them on that evening; the prisoners went out in a great hurry; there were six or eight persons of the same rank as the prisoners, in company with them; no person of inferior rank accompanied them; the gentlemen on quitting the hotel, first went into Kilroy's yard and remained there about a minute; witness was looking at them and saw Mr. P. O'Connor arm himself with a large pitchfork, and Mr. R. O'Connor had a rack stave; the other gentlemen who are now at the bar were armed some with scrapers, other with handles of brooms and shovels; when they came out they stopped opposite Kilroy's gate-way; the whole party stopped for a moment; witness saw Mr. R. O'Connor raise the rack-stave over his head, and heard him call out, "Come, boys, follow me," or words to that effect; besides, there were ten or twelve of the lower class; Kilroy's hotel was occupied during the election by Mr. Lambert's friends; the prisoners, with the other persons, on leaving the gate-way, ran on in the direction of William-street; the party amounted to between twenty-five and thirty; they proceeded rather quick and witness soon lost sight of them; remained standing at his own door during their absence; in about five minutes the whole of the prisoners returned; does not include Mr. Blake; they passed witness's door to the hotel, armed as they went out, with the exception of Mr. Browne, who brought back but one pistol; heard no shots fired, nor any thing said by them on their return.
     Cross-examined by Mr. PENNEFATHER- His house adjoins Kilroy's Hotel; witness was at home on Sunday, the 25th of June; remembers the house in the square being attacked and burned by the mob; the house was opposite witness's; Mr. Lambert's freeholders were in the house when it was on fire; saw the mob pelting stones at it while the house was burning; this burning was not the only outrage that was committed during the election; witness soon lost sight of the party who came out of Kilroy's; they turned down William-street, at about 100 yards from where witness was standing; heard of no uproar on that evening in the rear of Kilroy's; the party were not five minutes away from Kilroy's till their return.
     By a Juror- Will take upon himself to particularize the arms Mr. Lambert and his party had, although they rushed out in a very great hurry.
     William Kennedy examined through the medium of an interpreter- Was at the door of man named Stephens, opposite the meat-market, in William-street; knew but three of the prisoners. Mr. Lambert and the two Mr. O'Connors; did not see what arms the party had; saw two pistols with Mr. Lambert; saw the party firing down the street; there was a great crowd there at the time; some of the people were not ten yards from where the pistols were fired; others were 100 yards off; saw Mr. Lambert fire two shots; can't say whether they took effect or not; knew deceased; saw him standing at the opposite side from where witness was, near the meat-market and Mr. Lambert running after him; did not see anything in the Messrs. O'Connor's hands; did not see them doing any thing; saw no stones thrown; did not see any people coming out of Prendergast's garden; there was a large mob assembled at the shambles; Mr. Lambert and Mr. O'Connor ran back after the shots were fired.
     John O'Hara, Martin Geoghegan, William Elwood, P. Rocke, Thomas Cottingham, Martin Kinnery and Redmond Comyns were produced on the part of the Crown, as was also Dr. Gray, who examined the wound inflicted on the deceased. The evidence on the part of the Crown was nearly similar to that given by Shaughnessy and Kennedy and the testimony was intended to show that the people were quiet and that the shots were fired wantonly. One of the Crown witnesses, however, admitted that Sullivan, the deceased, struck one of Mr. Lambert's party.
     After the case for the Crown had closed.
     Mr. PENNEFATHER addressed the Bench, and stated that Mr. John Blake was entitled to an acquittal, inasmuch as no evidence had been offered sufficient to inculpate him in the transaction.
     The counsel for the Crown, after consulting for some time, agreed with Mr. Pennefather and the jury accordingly, under the direction of the learned Judge, found Mr. Blake Not Guilty, and he was discharged before the defence of the other prisoners was gone into.

FOR THE DEFENCE.

     William Sheppard, a private in the 8th Husars, was examined.- He was quartered in Kilroy's Hotel on the night that Sullivan was shot. Knows where Prendergast's garden is situated; some of Mr. Lambert's men were in it on the 28th of June; a violent attack was made on them by some of Mr. Martin's friends; it was to succor his voiers that Mr. Lambert and his friends ran out as described by the first witness. Heard a violent tumult in the garden; witness alarmed the gentlemen in Kilroy's who ran out armed to protect their men; the mob ran towards the doors of the garden before witness got down; witness said to the gentlemen at Kilroy's, who were then at dinner, "For God's sake, gentlemen, come down stairs, for the mob in the garden are committing murder;" witness then went to the troop sergeant-major and reported what was going on; the sergeant-major immediately ordered the troop out.
     Walter Butler, Walter Blake and Joseph Zouche, Esqrs., members of Mr. Lambert's committee, and who were with Mr. Lambert's party when the alarm was given, proved distinctly that the gentlemen on reaching the shambles, expostulated with the mob and advised them to disperse; that Walter Blake was struck wit ha stone on the head, which split his hat in two and cut him severely; that a mob of 150 persons was assembled around the shambles, who behaved in the most outrageous manner, and pelted the gentlemen frequently with stones; and that no shots were fired until the gentlemen had been frequently attacked and their lives in peril.
     Those witnesses were cross-examined at great length; but without, in the slightest degree, shaking the testimony which they had given on their direct examination. The learned Judge then commenced summing up the evidence. After his lordship had concluded, the jury retired for a few minutes, and returned their verdict, acquitting all the prisoners.
     The Judge then called the prisoners to the front of the dock, and in a very solemn and impressive address, expressed his perfect concurrence with the verdict of the jury. His lordship hoped that the prisoners and their friends would not entertain any violent or vindictive feelings toward the persons who prosecuted, or those by whom the prosecution was instituted.
     The announcement of the verdict and the address of his lordship were received with acclamation.